Damien English (Meath West, Fine Gael)
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I thank Senator Davitt for raising this issue. As a Deputy who represents rural areas and who shares some common ground with the Senator, I understand the logic and motive behind this and I also understand the frustration that is often experienced with the planning system. I accept the Senator's point and know he has asked for this proposal to be made in good faith.As Minister, my role in the planning system is primarily to provide the policy and legislative framework that comprises the Planning and Development Act, the planning and development regulations and the planning guidelines, to which planning authorities and An Bord Pleanála are obliged to have regard in the exercise of their statutory planning functions. The Planning and Development Act 2000, as amended, sets the overarching legislative framework for the planning system, including the procedures for preparing and reviewing regional planning guidelines, development plans and local area plans, in addition to the basic framework for the development of the management consent system or, as it is more commonly known, the planning permission system.

Public participation is an important and integral part of an open and transparent planning system in Ireland and will remain so. In this regard, the planning system is in full compliance with the requirements of the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, commonly referred to as the Aarhus Convention, with EU Directive 2003/35/EEC on public participation in environmental decision-making and EU Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, normally known as the environmental impact assessment, EIA, directive. All of these international requirements lay down basic rules to promote citizens' involvement in environmental decision-making with a view to enhancing the accountability and transparency of the planning decision-making process.

In the light of these international requirements, the Planning and Development Act specifically provides for public involvement and the opportunity to make submissions and observations on individual planning applications. It further provides that, in making decisions on planning applications, planning authorities, including An Bord Pleanála, as appropriate, must consider the proper planning and sustainable development of the area, having regard to the provisions of the local development plan, submissions or observations received from the public, relevant ministerial or Government policies or objectives and relevant planning guidelines issued by my Department. Planning authorities must then make their own decision based on the specific merits or otherwise of individual planning applications.

The Act also provides that an applicant for permission and any person who made submissions or observations in writing on the planning application to the planning authority may, within four weeks of the date of the decision of the planning authority, appeal to An Bord Pleanála against a decision of the planning authority. In addition, a decision made by a planning authority or An Bord Pleanála may be subject to judicial review, with any such judicial review applications having to be submitted within an eight-week period from the date of the planning decision, or the doing of an act by a planning authority or the board. These judicial review provisions which are aimed at enhancing transparency and accountability in the planning decision-making process are in accordance with relevant UN and EU requirements, in addition to relevant European Court of Justice judgments.

I am satisfied that the comprehensive arrangements I have outlined for public participation in the planning system are appropriate, balanced, reasonable and in line with our international obligations. We have as of yet no proposals to change the legislation in this regard.

Damien English (Meath West, Fine Gael)
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I understand the sentiments expressed. I will compare our position with that in other countries to determine whether we could address the issue without infringing the criteria for public participation. Legally, we cannot infringe on them and do not want to do so, but I know exactly what the Senator is trying to say. I will discuss the issue with our experts on planning to determine whether there are criteria on which we could work in this regard. I am not saying there are, but I will look at the issue and know what the Senator is trying to achieve. The difficulty lies in ensuring genuine public involvement. If there are certain criteria that could be applied, the question of how they would be fixed and judged is very complicated. We are constantly examining the planning system to see whether we need to adapt or change it. On the criteria applied, I will determine whether there is any gap I might be able to address.

Denis O'Donovan (Fianna Fail)
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I suggest to the Senator that if an appropriate Bill were to be brought before the House, he could table an amendment to it. Alternatively, if he feels passionately about the issue, he could introduce a Private Members' Bill to deal with it. He can reflect on this suggestion.